HomeMy WebLinkAboutPSD-005-04
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Cl~-YJgton
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, January 12, 2004
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Report #:
PSD-005-04
File#: PLN1,1,7,5
GPA- - OO<.:>-o'f-
By-law #:
Subject:
BILL 27, GREENBELT PROTECTION ACT, 2003
MINISTER'S ZONING ORDER FOR GREENBELT STUDY AREA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report PSD-005-04 be received for information; and
2, THAT the applicants affected be notified,
Submitted by:
D i . Crome, M,C,I.P" R.P,P,
Director of Planning Services
Reviewed bY:U ~~ .
Franklin Wu,
Chief Administrative Officer
FL *DJC*sn
January 6, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623.3379 F (905)623-0830
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6Li
REPORT NO.: PSD-005-04
PAGE 2
1.0 BACKGROUND
1,1 Bill 27, an Act (Greenbelt Protection Act) to was introduced on December 16, 2003,
The purpose of the Bill is to establish a greenbelt study area (which includes the Region
of Durham and thus, the Municipality of Clarington) and effectively places a one year
moratorium on land use planning changes outside an urban settlement area and the
lands regulated by the Oak Ridges Moraine Conservation Act, 2001, No applications
may be made, and similarly all existing applications, including referrals, hearings,
appeals and procedures before the Ontario Municipal Board (OMB) are stayed, as of
December 16, 2003.
1,2 Concurrent with the introduction of Bill 27, the Minister signed a Minister's Zoning Order
under Section 47 of the Planning Act. The Minister's Zoning Order overrides municipal
zoning powers. The Minister's Zoning Order affects lands not in a designated settlement
area (urban areas, hamlets and clusters), Only those uses, buildings or structures
lawfully in existence on December 16, 2003 or permitted in the applicable Zoning By-
law on December 16, 2003 may be permitted, The Zoning Order was utilized to provide
immediate protection while the legislature considered Bill 27,
1,3 This report highlights the proposed changes to the Greenbelt Protection Act and how
they will affect applications in Clarington,
2.0 BILL 27 PROPOSALS
2,1 The purpose of the Act is to provide for a greenbelt study of the lands know as the
"Golden Horseshoe" in order to develop a plan to protect environmentally sensitive land
and farmland and contain urban sprawl. The Greenbelt Study Area is the Greater
Toronto Area, the City of Hamilton, portions of the Region of Niagara, the Niagara
Escarpment Planning Area and the portions of the Oak Ridges Moraine Planning Area
located north of Peel and York Regions and east of Durham Region.
2,2 Bill 27 states that all municipal and OMB decisions on applications for urban uses on
lands outside designated urban settlement areas, with the exception of the Oak Ridges
Moraine area will have no effect if made after December 16, 2003. The Bill also states
that no application shall be made for official plan amendment, rezoning or plan of
subdivision after December 16, 2003, Bill 27 is to be repealed after one year.
. Urban Settlement Area is defined as "an area designated in an upper-tier or
single-tier official plan for urban uses as an urban area, urban policy area, town,
village, hamlet, rural cluster, rural settlement area, urban system or rural service
centre on December 16, 2003, or as otherwise prescribed by regulation",
. Urban Use is defined as "non-agricultural commercial, non-agricultural industrial,
multi-residential, institutional, mixed use commercial/residential and golf course,
or as otherwise prescribed by regulation",
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REPORT NO.: PSD-OOS.Q4
PAGE 3
2,3 Cabinet will be able to pass regulations to exempt specific lands. The Bill also provides
for no right of action or cost, compensation or damages resulting directly or indirectly
from this legislation,
2.4 Certain provisions of the Oak Ridges Moraine Conservation Act are clarified through Bill
27, In addition, for applications on the moraine appealed to the OMB before or after Bill
27 comes into force, the Minister would be given additional authority to make the
decision on the appeal. A new procedure is proposed, whereby the Minister may, within
30 days of notifying the OMB that a matter should be stayed, appoint a hearing officer to
conduct a hearing. The Minister could, with the approval of the Lieutenant Governor in
Council, approve, modify or refuse to approve or modify all or part of the hearing
officer's recommendations. The Minister's decision would be final and not subject to
appeal. Clarington does not have any applications where this would apply,
3.0 COMMENTS
3,1 Bill 27 and the Minister's Zoning Order is an effective way for the provincial government
to restrict both municipalities and developers from proposing land use planning changes
while they are in the process of studying and establishing a greenbelt in the Golden
Horseshoe area, To date, the Planning Services Department has not been contacted
regarding our input, nor are we aware of who is carrying out the study.
3.2 The Municipality will continue to process development applications for the key
development areas of the Municipality (see Attachment 2),
3,3 The Bill should not have any implications on Clarington Official Plan Amendment #33,
being the Municipality's conformity amendment incorporating the policies and provisions
of the ORMCP into the Clarington Official Plan. However, Clarington Official Plan
Amendment #34, dealing with lands outside of the ORM are impacted upon due to the
realignment of the ORM boundary, and will likely not be able to proceed for the one year
moratorium, The draft Zoning By-law for lands within the ORM will not be impacted by
this Bill.
3.4 The Bill should not disrupt the review process for the Durham Region Official Plan;
however, the results of the greenbelt study may have implications on the policies that
are ultimately proposed,
3.5 The bill will effectively prevent the Municipality from passing a new Zoning By-law for
Clarington for the period of the moratorium, However, staff intend to proceed towards
the completion of this By-law so that public meetings and other parts of the process can
be completed during the moratorium period,
3,6 Transitional matters relating to applications to regulate non-conforming uses (Le, Zoning
By-law infractions) have not been addressed in the legislation, These will be addressed
through regulation. Of concern in Clarington are applications that have received
approval in principle through official plan amendments but have had conditions to fill
prior to rezoning or the removal of the holding symbol. Stonehenge Golf Course and
62")
REPORT NO.: PSD-005-04
PAGE 4
Archibald's Golf Course are both caught in such a situation. Planning staff have made
representations to the Ministry that such applications should be allowed be approved,
3,7 There are seven applications filed with the Municipality that are affected by this
proposed legislation, the Planning Services Department will notify the applicants.
4.0 CONCLUSIONS
4.1 Bill 27 effectively places a one year moratorium on any applications for the rural lands in
Clarington (See Attachment 1),
4.2 The Ministry of Municipal Affairs is seeking comments on Bill 27. The Planning
Services Department will continue to evaluate the proposed legislation, consult with the
Region and monitor other area municipalities' comments,
4,3 Planning Services will be seeking clarification from the Ministry on how this Bill will
affect COPA Amendment #34, the new Zoning By-law and by-law infractions,
Attachments:
Attachment 1 - Minister's Zoning Order
Attachment 2 - Map showing how Bill 26 & 27 affect applications in Clarington
List of interested parties to be advised of Council's decision:
The Biglieri Group G,M. Sernas & Associates
28 Bellefair Ave (representative for Ridge Pine Park)
Toronto, ON M4L 3T8 Mr. Bryce Jordan
110 Scotia Court, Unit 41
Whitby, ON L 1 N 8Y7
Stonehenge Golf Course
Doug Summers and Kevin Sewell
837 Riverside Drive
Ajax, ON L 1T 3R9
Mike Ricciuto
70 Cawkers Cove Rd
Port Perry, ON L9L 1R6
Mr. Tom Jones
Miller Paving Limited
P,O, Box 4080 Markham
Industrial Park P.O,
Markham, ON L3R 9R8
Fred and Sandy Archibald
6275 Liberty Street North
Bowmanville, ON L 1 C 3K6
Ridge Pine Park
Mr, Roger Howard
17 Dean Street
Brampton, ON L6W 1 M7
Peter Tanenbaum
Nash Road Developments Inc,
100 Finch Avenue West, Suite 201
Downsview, ON M3J 7E2
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ATTACHMENT 1
.
CONFIDENTIAL
Until filed with the
Registrar of Regulations
A1ed as O. Reo- tt 3J./03
On DEe 1 6 2003
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; ,:v~ISTl\AI1 OF REGUlAT10NS
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ONTARIO REGULATION .
made under the
PLANNING ACT
ZONING AREA - GOLDEN HORSESHOE
Definition
1. In this Order,
"urban settlement area" means land designated in an official plan as at the date of this Order as
an urban area, urban policy area, town, village,.hamlet, rural cluster, rural sertlement area,
urban or rural system, rural service centre or future urban use area. '
Application
2. (I) This Order applies to land shown as shaded on a map numbered 2 I 5 and identified by
stamp of the Registrar of Regulations on December 15,2003 and filed at the Toronto office of
the Ministry of Municipal Affairs located at 777 Bay Street
(2) Despite subsection (I), this Order does not apply to th.e following land:
I. Niagara Escarpment Planning Area under the Niagara Escarpment Planning and
Development Act.
2. Oak Ridges Moraine Area under the Oak Ridges Moraine Conservation Act. 200 I.
3. Those lands within the City of Pickering in The Regional Mu_rricipality of Durham
outlined in red on a map numbered 210 identified by stamp of the Registrar of
Regulations Office on April 22, 2003 and filed at the Toronto office of the Ministry of
Municipal Affairs located at 777 Bay Street
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416 585 4006
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4. Those lands within the City of Pickering and the Town of Markham shown as shaded
on a map numbered 216 identified by stamp of the Registrar of Regulations on
December IS, 2003 and filed at the Toronto office of the Ministry of Municipal
Affairs located at 777 Bay Street
5. City ofTorODlO.
Use oHand
3. Every use of any land, building or structure on the land described in section 2 that is not
located within an urban settlement area is prohibited, except,
(a) the use of any land, building or structure lawfully in existence on the date this Order
comes into force; and
(b) the use of any land, building or structure that was permitted by the applicable zoning
by-law on the date this Order comes into force.
Conditions
4. (I) Every use ofland and every erection, location and use of buildings or structures shall
be in accordance with this Order.
(2) Nothing in this Order prevents the reconstruction of any building or structure that is
damaged or destroyed by causes beyond the control of the owner.
(3) Nothing in this Order prevents the strengthening or restoration to a safe condition of any
building or structure.
(4) Nothing in this Order prevents the use of any land, building or structure for any use
prohibited by this Order if the land, building or srructure is lawfully so used on the day this
order comes into force.
Minister of Municipal Affair,
Mode by:
Dale mncle: "D,~s:-.~"!.~,,,_.<^,~
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ATTACHMENT 2
Impact of Bill 26 and 27
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H::::::::I Accept applications and process under the Oak Ridge Moraine
. . . Conservation Plan as per Bill 27
D Study area moratorium for 1 year
Cannot accept applications as per Bill 27
Accept Applications, within the Urban Settlement Areas,
and process normally with the new time frames as per Bill 26
62 (j